Committee reconsiders whether Maryland recognizes a fiduciary exception to attorney-client privilege
January 23, 2026 | Judicial Proceedings Committee, SENATE, SENATE, Committees, Legislative, Maryland
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Senator West told the committee SB 131 aims to eliminate uncertainty in Maryland law by adding an explicit provision in the Estates and Trusts Code: fiduciaries and their counsel retain attorney-client privilege and Maryland does not recognize a fiduciary exception.
The sponsor presented a concise explanation of the seven elements of attorney-client privilege and said litigation over whether a fiduciary exception exists raises costs and delays in estate administration. The bill was presented as technical and noncontroversial; the sponsor said the committee passed the same language unanimously last year and that this session seeks the House and final consideration.
The sponsor presented a concise explanation of the seven elements of attorney-client privilege and said litigation over whether a fiduciary exception exists raises costs and delays in estate administration. The bill was presented as technical and noncontroversial; the sponsor said the committee passed the same language unanimously last year and that this session seeks the House and final consideration.
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